Opinion
1144
May 15, 2003.
Order of disposition, Family Court, Bronx County (Myrna Martinez-Perez, J.), entered on or about May 1, 2002, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she committed acts which, if committed by an adult, would constitute the crime of criminal contempt in the second degree and criminal trespass in the second degree, and placed her with the State Office of Children and Family Services for a period of 12 months, unanimously reversed, on the law, without costs, and the petition dismissed.
Raymond E. Rogers, for appellant.
Dona B. Morris, for Presentment Agency.
Before: Nardelli, J.P., Mazzarelli, Wallach, Friedman, Marlow, JJ.
The delinquency petition impermissibly charged appellant with conduct constituting a violation of a prior order issued against appellant in a person in need of supervision proceeding. As the presentment agency concedes, this case is indistinguishable from Matter of Edwin G. ( 296 A.D.2d 7) and appellant is entitled to dismissal of the petition.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.